Viernes, 12 Noviembre 2021

5 questions, whose (positive) answers will allow you to confirm whether your company is complying with the legal matters concerning workplace harassment

VolverAccording to a study made by the Interdisciplinary Centre for Gender Studies (1), 16.5% of the active population in Portugal has already experienced moral harassment in the workplace, and 12.6% of the reporting population said that they were victims of sexual harassment in the workplace.

This phenomenon has gained more visibility over the last years, which may be the result of the reinforcement of the legislation in this matter and the higher degree of information of workers.

According to the Workplace Harassment Information Guide, prepared by the Commission for Equality in Labour and Employment, the list of acts and behaviours that can be classified as workplace harassment is extensive. Examples of those acts and behaviours are systematic devaluation of work, promotion of social isolation, constantly ridiculing or humiliating, definition of impossible targets, assignment of duties that are not adequate to the professional category, systematic disclosure of rumours and nasty comments or repeated criticism about work colleagues, subordinates or superiors, and the systematic creation of objectively stressful situations with the goal of making the other person lose control.

However, workplace harassment must not be confused with an occasional conflict or the exercise of hierarchic and management, inspection, or disciplinary power by the employer. Workplace harassment is a recurrent situation with an intention – i.e., there is the will to negatively harm the other person by means of behaviours that can cause a harmful environment capable of affecting the physical and emotional well-being of the other person and ultimately lead to the termination of the employment relationship.

It is also important to note the multiple factors that can contribute to an increase in the likelihood of situations of workplace harassment, such as:

• sudden, profound transformations at the organisation level;

• unsatisfactory relationships between workers and/or between workers and respective management;

• discriminatory behaviours and intolerance;

• organisational culture that does not punish intimidating behaviours.

This way, employers must (in compliance with the legislation in force) put in place measures that not only prevent workplace harassment, but also allow to identify and end it.

While the health and professional performance of harassment victims can be affected (namely by developing symptoms of anxiety, irritability, or sleep disorders), employers can also be negatively affected by this situation, namely via increased costs related to absenteeism, decrease in productivity, and increased staff turnover rates (which results in expenses concerning employment termination and the selection and training of personnel) and potential damages to their reputation.

In this article, we list a group of questions, the (positive) answer of which can help employers to check whether they are complying with all legal matters concerning workplace harassment:

(1) Is there a Code of Conduct for Preventing and Combating Workplace Harassment and has it been disseminated among the employees?

(2) Is there an internal complaint procedure (reporting channel), which respects the protection of the complainant and witnesses while guaranteeing the confidentiality of the information that was given and that is included in the respective files?

(3) Has the commitment to guaranteeing that there are no reprisals against complainants been assumed and disclosed?

(4) In the event of a complaint about a potential harassment situation, was there an analysis and investigation of such complaint to ascertain what has happened and reinforce the preventive measures in place or define new measures to combat moral and sexual harassment in the workplace?

(5) If there was any known situation of workplace harassment, was a disciplinary proceeding filed against the alleged harasser(s)? And, where the harassment was proven, were the respective harasser(s) subjected to any disciplinary sanction(s)?

Please note that the questions above are merely guiding. An individual analysis of each alleged harassment case is always essential.

The Labour Law Department of Belzuz Abogados, S.L. – Sucursal em Portugal is available for providing legal counselling about this matter, both in terms of the preparation and implementation of the Code of Conduct for Preventing and Combating Workplace Harassment and the reaction and action measures that are more adequate to any potential workplace harassment situations.


(1) SOURCE: Torres, A., Costa, D., Sant’Ana. H., Coelho, B. & Sousa, I. (2016). Assédio sexual e moral no local de trabalho em Portugal. Lisboa: Comissão para a Igualdade no Trabalho e no Emprego (CITE).

 Vera Madeira Duarte Vera Madeira Duarte 

Departamento Derecho laboral | (Portugal)

 

Belzuz Abogados SLP

La presente publicación contiene información de carácter general sin que constituya opinión profesional ni asesoría jurídica. © Belzuz Abogados, S.L.P., quedan reservados todos los derechos. Se prohíbe la explotación, reproducción, distribución, comunicación pública y transformación total o parcial, de esta obra, sin autorización escrita de Belzuz Abogados, S.L.P.

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